Opening statements set in shaken-baby case

Tuesday

Sep 25, 2007 at 12:01 AMSep 25, 2007 at 4:03 AM

A 12-member jury was chosen Monday for the trial of a Gorham grandmother accused of causing fatal injuries to an infant in her care.

Jessica Pierce

Opening arguments were expected to begin this morning in the trial of a Gorham woman charged with second-degree manslaughter for the alleged shaking death of her 4-month-old step-grandson nearly two years ago.

Barbara Hershey of South Street is charged with second-degree manslaughter for allegedly causing the Nov. 14, 2005, death of Ethan Hershey.

Hershey's attorney, Lawrence Andolina, and Ontario County District Attorney R. Michael Tantillo spent Monday interviewing dozens of potential jurors. At 4 p.m. they selected the final member and two alternates. Four men and eight women will decide if Hershey is innocent or guilty.

Tantillo said Monday the trial may last through the first part of next week.
Prosecutors have said that while in Hershey's care, on Oct. 25, 2005, Ethan had to be rushed to Thompson Hospital in Canandaigua because he stopped breathing. Doctors quickly determined the infant, who lingered about three weeks on life support at Golisano Children's Hospital at Strong in Rochester, had suffered closed-head trauma: bleeding on the brain and retinal hemorrhaging.

Hershey told investigators that while she was turning the infant over to burp him after feeding him, he had a sudden convulsion and went limp in her arms.

If convicted, Hershey faces a maximum sentence of five to 15 years in prison.

Jessica Pierce can be reached at (585) 394-0770, Ext. 250, or at jpierce@mpnewspapers.com.